Agenda item

Constitution Update 2017/18

The Monitoring Officer to submit a report to enable the Committee to consider new items or changes to the Council’s Constitution for onward referral to the Council for adoption and incorporation into the Council’s Constitution.

Minutes:

On behalf of the Monitoring Officer, the Chief Executive

 

(a)          submitted a report (copies of which had previously been circulated) to enable the Committee to consider new items or changes to this Council’s Constitution for onward referral to the Council for adoption and incorporation into this Council’s Constitution;

 

(b)          advised that Members had before them a number of proposed amendments and invited comments and questions from Members on the proposed amendments.

 

Members queried the introduction of Paypal or World Pay.  The Corporate Director advised that this was a method of online payment via a secure portal.  This would speed up customer transactions and ensure making payments was easier for the customer.

 

A Member commented that it would be good to monitor this.

 

RESOLVED that

 

(1)          the following changes to the Constitution be approved and referred to Full Council for adoption in the Constitution:-

 

(a)  Part 5 - Roles and Responsibilities of Members – Officer Appraisals

 

To approve removal of reference to Member involvement in appraisals for the Deputy Chief Executive and the Corporate Director within the Roles and Responsibilities of Members document at Part 5 of the Constitution (paragraph 3.3 of the report refers).

 

(b)  Part 4 - Contract Procedure Rules

 

To approve 3 new appendices to the Contract Procedure Rules as detailed in paragraph 3.4 of the report and which are attached :-

 

           Appendix A – Approval for the use of a Framework Agreement

           Appendix B – Approval for Contract Award

           Appendix C – Approval to Extend a Contract

 

(c)  Part 4 - Financial Procedure Rules

 

To approve the following 3 new paragraphs at Section 3 of the Financial Procedure Rules as detailed in paragraph 3.5 of the report :-

 

Section 3 – Financial Systems and Procedures

 

2.  Income and Expenditure

 

Key Controls

2.2(k) - set up and operation of a PayPal or World Pay account for the collection of income from specific website transactions within services shall require the approval of the Corporate Director, who shall establish appropriate procedures for their operation. Where applicable, the Corporate Director should nominate a separate PayPal administrator and certifying officer whose responsibility will entail reconciling the income received and charges levied via the PayPal account to amounts due and to the Council’s financial system

 

Responsibilities of Corporate Director

2.7 - to authorise the setting up and controls to operate with regard to a PayPal account for the collection of income from specific website transactions within services as stated in the key controls above

 

Responsibilities of Directors / Heads of Service

2.20 - to request the Corporate Director to set up a PayPal account for their service if required and to nominate a PayPal administrator who will be responsible for the operation of the account in line with the required  procedures

 

(d)  Part 3 – Terms of Reference of Policy, Finance and Administration

To amend the existing terms of reference to include new paragraphs 14 -18 set out at Appendix D  which deal with disciplinary matters relating to the Council’s statutory officers.

 

(e)  Part 3 – Terms of Reference of the Appeals Committee

To amend the existing terms of reference of the Appeals Committee to amend paragraph 2 to read as follows:

“To determine any appeals in respect of staff matters as detailed and provided for in the Council’s human resources policies and procedures including appeals against decisions of the Policy, Finance and Administration Committee to take action short of dismissal with respect to the Council’s Statutory Officers”

 

Recommendation (d) and (e) above make the consequential amendments to the Constitution required as a result of a resolution of Council on 11 October 2017.

 

(2)        To note that the Monitoring Officer has delegated authority to make amendments following legislative or other statutory changes and minor procedural and operational changes.  Such changes will be reported to the Governance Committee and subsequently the Council, as soon as practicable thereafter.

Supporting documents: